DS2015-085 – STAFF ANALASYS

ISSUE: DS2015-085: Petitioner, American Society of Interior Designers’ and Lucille McKey, represented by Attorney, Martin R. Dix, Akerman LLP.

Petitioner seeks clarification of the following question:

Question A: Does the Florida Building Code’s definition for “registered design professionals” include Florida registered interior designers who may sign and seal interior design plans, drawings, specifications or reports?

Question B: Does the Florida Building Code’s definition for “registered design professionals” include Florida registered interior designers who may sign and seal interior design plans, drawings, specifications or reports which may, in some instances, be submitted for the issuance of building permits for interior construction?

Background:

Situation: The Petitioner, American Society of Interior Designers’ (ASID) and Lucille McKey, represented by Attorney, Martin R. Dix, Akerman LLP, are requesting that the Florida Building Commission (“Commission”) declare that the term “registered design professionals,” under the Florida Building Code (“Code”), includes registered interior designers who may sign and seal documents as permitted by statute.

ASID’s membership consists of hundreds of Florida licensed designers with three chapters in Florida.

Md. McKey is registered interior designer pursuant to Section 481.213(1)FS.

The petition indicates that Ms. McKey and ASID members who are registered interior designers are authorized under Section 481.221(3), FS, to sign and seal all drawings, plans specifications, or reports (“interior design documents”) they prepare or issued and filed for public record. Florida registered interior designers, like Ms. McKey and most Florida members of ASID, are also permitted by statute to sign and seal interior design documents, which may in some instances be submitted for the issuance of building permits for interior design construction, under Section 481.2131(1), FS.

How Lucille McKey’s and ASID’s Interests are Substantially Affected.

Ms. McKey, registered interior designer since 1989, often prepares interior design documents for consumers and for submittal to building officials for a building permit. Because these plans are construction plans, the building officials require that they be signed and sealed.

Many of ASID’s members are Florida registered interior designers and, as such, also often prepare interior design documents for customers. Because these interior design documents are construction plans, the Florida Building Code, building officials and the laws and rules regulating registered interior designers require that they be signed and sealed. Many of ASID’s members and Ms. McKey have had building officials mistakenly refuse to accept interior design documents signed and sealed by Florida registered interior designers.

Ms. McKey and ASID’s Florida registered interior design members are substantially affected in that they are precluded from providing the full array of services that can be lawfully provided by registered interior designers when these local governments wrongly interpret the Florida Building Code to not allow registered interior designers to sign and seal interior design documents.

Ms. McKey and ASID through its members are financially affected when these building officials wrongly interpret the Florida Building Code to not allow registered interior designers to sign and seal interior design documents as it delays construction and may cause a person or entity not to retain the services of a registered interior designer.

Possibly because of confusion on the interpretation of the Code, local governments, enforcement districts and state agencies authorized to enforce the Code under Section 553.80, FS, have mistakenly refused to accept signed and sealed design plans from registered design professionals such as Ms. McKey and ASID Florida members. This confusion negatively impacts these professionals’ ability to conduct business and directly impacts their licenses in violation of statutory authorization.

The petition states, this will certainly produce a negative economic impact not only for the interior design business, but also for all small businesses that are financially supported directly or indirectly by the practice of interior design in the state of Florida. The petition also states that, if the petition is not granted, Ms. McKey and ASID members will continue to be unlawfully regulated by building officials who mistakenly refuse to accept signed and sealed documents, which registered interior designers are statutorily authorized to sign and seal. We therefore ask the Commission to grant the Petition.

The Laws on which the declaratory statement is sought.

FS 120.565 allows the Florida Building Commission to issue declaratory statements and accordance with FS 553.775, to any substantially affected person relating to the enforcement or administration by local governments of the Florida Building Code or the Florida Accessibility Code for Building Construction.

FS 481.203 Definitions.—As used in this part:

(8) “Interior design” means designs, consultations, studies, drawings, specifications, and administration of design construction contracts relating to nonstructural interior elements of a building or structure. “Interior design” includes, but is not limited to, reflected ceiling plans, space planning, furnishings, and the fabrication of nonstructural elements within and surrounding interior spaces of buildings. “Interior design” specifically excludes the design of or the responsibility for architectural and engineering work, except for specification of fixtures and their location within interior spaces. As used in this subsection, “architectural and engineering interior construction relating to the building systems” includes, but is not limited to, construction of structural, mechanical, plumbing, heating, air-conditioning, ventilating, electrical, or vertical transportation systems, or construction which materially affects lifesafety systems pertaining to firesafety protection such as fire-rated separations between interior spaces, fire-rated vertical shafts in multistory structures, fire-rated protection of structural elements, smoke evacuation and compartmentalization, emergency ingress or egress systems, and emergency alarm systems.

FS 481.209 delineates the requirements in order to become licensed by examination as an interior designer in the state of Florida.

FS 481.221(3) (3) The board shall adopt a rule prescribing the distinctly different seals to be used by registered interior designers holding valid certificates of registration. Each registered interior designer shall obtain a seal as prescribed by the board, and all drawings, plans, specifications, or reports prepared or issued by the registered interior designer and being filed for public record shall bear the signature and seal of the registered interior designer who prepared or approved the document and the date on which they were sealed. The signature, date, and seal shall be evidence of the authenticity of that to which they are affixed. Final plans, specifications, or reports prepared or issued by a registered interior designer may be transmitted electronically and may be signed by the registered interior designer, dated, and sealed electronically with the seal in accordance with ss. 668.001-668.006.

FS 481.2131(1) Interior design; practice requirements; disclosure of compensation for professional services.—

(1) A registered interior designer is authorized to perform “interior design” as defined in s. 481.203. Interior design documents prepared by a registered interior designer shall contain a statement that the document is not an architectural or engineering study, drawing, specification, or design and is not to be used for construction of any load-bearing columns, load-bearing framing or walls of structures, or issuance of any building permit, except as otherwise provided by law. Interior design documents that are prepared and sealed by a registered interior designer may, if required by a permitting body, be submitted for the issuance of a building permit for interior construction excluding design of any structural, mechanical, plumbing, heating, air-conditioning, ventilating, electrical, or vertical transportation systems or that materially affect lifesafety systems pertaining to firesafety protection such as fire-rated separations between interior spaces, fire-rated vertical shafts in multistory structures, fire-rated protection of structural elements, smoke evacuation and compartmentalization, emergency ingress or egress systems, and emergency alarm systems.

(2014) 5^th Edition Florida Building Code, Chapter 2, Section 202 – Definitions and additional Florida Statutes that pertain to the signing and seal as used by an interior designer.

[A] REGISTERED DESIGN PROFESSIONAL. An individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is to be constructed.

Section 107 SUBMITTAL DOCUMENTS

[A] 107.1 General.
Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes or Chapter 481, Florida Statutes. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

107.3.4.2
Certifications by contractors authorized under the provisions of Section 489.115(4)(b),Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481,Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes.

Florida Statute: 481.2131 Interior design; practice requirements; disclosure of compensation for professional services.—

481.221 (4)-481.221(7)

(4) No registered architect shall affix, or permit to be affixed, her or his seal or signature to any final construction document or instrument of service which includes any plan, specification, drawing, or other document which depicts work which she or he is not competent to perform.

(5) No registered interior designer shall affix, or permit to be affixed, her or his seal or signature to any plan, specification, drawing, or other document which depicts work which she or he is not competent or licensed to perform.

(6) No registered architect shall affix her or his signature or seal to any final construction document or instrument of service which includes drawings, plans, specifications, or architectural documents which were not prepared by her or him or under her or his responsible supervising control or by another registered architect and reviewed, approved, or modified and adopted by her or him as her or his own work according to rules adopted by the board.

(7) No registered interior designer shall affix her or his signature or seal to any plans, specifications, or other documents which were not prepared by her or him or under her or his responsible supervising control or by another registered interior designer and reviewed, approved, or modified and adopted by her or him as her or his own work according to rules adopted by the board.

553.73 Florida Building Code.—

(2) The Florida Building Code shall contain provisions or requirements for public and private buildings, structures, and facilities relative to structural, mechanical, electrical, plumbing, energy, and gas systems, existing buildings, historical buildings, manufactured buildings, elevators, coastal construction, lodging facilities, food sales and food service facilities, health care facilities, including assisted living facilities, adult day care facilities, hospice residential and inpatient facilities and units, and facilities for the control of radiation hazards, public or private educational facilities, swimming pools, and correctional facilities and enforcement of and compliance with such provisions or requirements. Further, the Florida Building Code must provide for uniform implementation of ss. 515.25, 515.27, and 515.29 by including standards and criteria for residential swimming pool barriers, pool covers, latching devices, door and window exit alarms, and other equipment required therein, which are consistent with the intent of s. 515.23. Technical provisions to be contained within the Florida Building Code are restricted to requirements related to the types of materials used and construction methods and standards employed in order to meet criteria specified in the Florida Building Code. Provisions relating to the personnel, supervision or training of personnel, or any other professional qualification requirements relating to contractors or their workforce may not be included within the Florida Building Code, and subsections (4), (6), (7), (8), and (9) are not to be construed to allow the inclusion of such provisions within the Florida Building Code by amendment. This restriction applies to both initial development and amendment of the Florida Building Code.

Analysis

The American Society of Interior Designers (ASID) and Lucille Mckey (Registered Interior Designer) are requesting the Florida Building Commission declare that the term “registered design professionals,” under the Florida Building Code, includes registered interior designers who may sign seal documents as permitted by statute.

Question A: Does the Florida Building Code’s definition for “registered design professionals” include Florida registered interior designers who may sign and seal interior design plans, drawings, specifications or reports?

Answer: The term “registered design professional,” as defined in the 5^th Edition (2014) Florida Building Code, Building, includes registered design professionals which includes those licensed under Chapters 471 and 481, Florida Statutes.

Question B: Does the Florida Building Code’s definition for “registered design professionals” include Florida registered interior designers who may sign and seal interior design plans, drawings, specifications or reports which may, in some instances, be submitted for the issuance of building permits for interior construction?

Answer: The term “registered design professional,” as defined in the 5^th Edition (2014) Florida Building Code, Building, includes registered designer professional which includes those licensed under Chapters 471 and 481, Florida Statutes.